
So there has been a lot of talk about this new law that the president has signed, and I know that we all want this law to fix the subprime lending issues we are having. There are quite a few laws that are slated to go through the senate, which have already gone through the house, but unfortunately this law is not really going to be helping us. Why not? Good question. Well this law has quite a few drawbacks.
First, this law is only for those individuals which were on an ARM not for loans which just had an increasingly high interest rate to begin with.
Second, the individual must be able to pay the starter rate. This is a large issue and you will know why if you have been in my subprime class, which I suggest everyone to come. I will be teaching it in January at GCAAR. The reason is that a majority of the issues that we have seeing in terms of subprime defaults are individuals whose loans had not even reset yet. They were not even able to the starter interest rate - so this law will not help them.
Third, there are specific dates that the borrower must fit into. The subprime ARM must have been originated between Jan. 1, 2005, and July 31, 2007, and the reset for the ARM must occur for the first time between Jan. 1, 2008, and July 31, 2010.
Fourth, the borrower can never have been late on their payment by more than 60 days in the last 12 months.
Fifth, when the first reset on the ARM is supposed to occur, it has to be more then 10% of the current starter rate.
Sixth, the borrower’s credit score cannot be higher than 660 and it cannot have improved more than 10% since the loan originated.
Seventh, this law only deals with own that are owned by securities, otherwise known as mortgage backed securities. It does not deal with loans that are currently owned by banks, individuals or investors.
Eighth, the loan cannot have reset already, the first time that it is resetting must be during the dates given above.
Clearly, the program is only for a limited group of individuals. It will not help individuals already having issues, but it prevent this from continuing to occur. Basically, this law was created for individuals who are going to be having their first reset of their subprime ARM and they will not be able to pay the new higher interest rate. These individuals must also not be able to refinance their loan due to their credit score or income. If the meet the requirements set forth above, their starter interest rate will be frozen for five years. During that time the government’s hope is that the individual can be able to refinance their loan. The best possibility for refinancing the loan would be the FHA loan, only once the loan limits are increased. This is a great law for the individuals that fit into this narrow category, but for now we have to wait for laws to pass that help the individuals that are currently suffering. If you have clients currently having issues, below I have given resources that you can contact.
If you have questions or comments on this law please don’t hesitate to contact me and/or comment below.
Thanks so much and see you in an upcoming class!
Prabhjit Singh
Further Resources:
http://www.995hope.org/
Resources from NAR for your client